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Wrongful Death Claims vs. Survival Actions

I heard there are two types of claims I can pursue after losing my spouse in a wrongful death. Is this true?

Yes, there are two types of claims survivors can pursue after losing their loved ones in Georgia. One is called a wrongful death claim and the other is a survival action. These are two separate claims that families can pursue against the person who caused the death of their loved one.

With a Georgia wrongful death claim, a spouse, child, or parent can bring a claim for the full value of the life of the deceased. With this type of claim, families can get compensated for the loss of their loved one due to a wrongful act that was done accidentally or on purpose. Types of damages that can be collected in this type of claim can include loss of companionship, loss of income, and a lot more.

In a survival action, the administrator of the estate of the deceased brings this type of claim for medical expenses, funeral costs, and pain and suffering prior to death. It is considered a claim for the victim’s personal injuries.

Most of the time, families pursue a wrongful death lawsuit based on the principle of negligence; however, it may be appropriate to pursue both claims. If you are the husband, wife, mother, father, or child of a wrongful death victim, you may have both claim options.

In order to find out what type of claim is best for your family to pursue, please call an experienced wrongful death attorney at (980) 246-2656 or contact us online today to learn more.

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    At Shane Smith Law, we care about you, the individual. We genuinely want you to feel better and get good treatment. Thus, we not only help you obtain results, but we also help you obtain quality doctors and providers.


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